No one is above the law

derogation or otherwise and how we would like to choose and be governed by our elected representatives.

That painstaking process, which was initially supposed to last no more than 18 months, took four years culminating in the adoption of a new Constitution that was signed into law by President Mugabe on May 22, paving way for harmonised elections now due on July 31.

Were it not for the nation’s stolid resolve to uphold and protect our constitutional democracy and constitutionalism, harmonised elections would have been held way back in 2011 after the initial 24 months the inclusive Government was supposed to subsist lapsed.

Now that the new Constitution is in place in the wake of a highly successful referendum, the logical thing to do in light of the pending expiry of Parliament within the next two weeks is to hold elections to choose a new Legislature from which the country would derive the new Executive.

That process appeared in danger of being derailed by some of the parties in the inclusive Government that seemed to be overly enjoying their stay in a coalition they loved to rap as dysfunctional at every turn, prompting one of the citizens affected by the dysfunctionality to approach the courts for relief.

The relief Mr Jealousy Mawarire sought was for the courts to compel President Mugabe to proclaim an election date before the expiry of the life of the Seventh Parliament at midnight on June 29.

The highest court in the land, sitting as a Constitutional Court, ruled seven yeas to two nays in favour of the applicant and ordered the President to proclaim the election date and hold harmonised elections by July 31.

And the President, having sworn to uphold and defend the Constitution, said he would comply with the court ruling which he duly did yesterday by proclaiming the election date.

Surprisingly, one of his partners in the inclusive Government, MDC-T leader Mr Morgan Tsvangirai believes he is above everyone including the Constitutional Court that ruled that elections be held by July 31. He wants them on August 25 no matter what the law or Constitution says.

Mr Tsvangirai should be reminded that Mr Mawarire’s application sought to compel President Mugabe to proclaim the election date. And in ruling in favour of the applicant, the Constitutional Court order was directed at President Mugabe in his capacity as Head of State and Government to proclaim the election date and ensure that the elections are held.

The order was not directed at the Prime Minister.
It is President Mugabe who would have been in contempt of court had he not complied with the ruling.

We would also like to draw Mr Tsvangirai’s attention to the wise counsel dispensed by Chief Justice Godfrey Chidyausiku as he delivered the Constitutional Court ruling, that was endorsed by six of his compatriots on the bench, that though the judgment was against the President, they hoped the Prime Minister and Deputy Prime Minister Arthur Mutambara would assist the President in complying.

Said Justice Chidyausiku: “It is my hope that, although the order of the Court is not against the second and fourth respondents (Prime Minister Tsvangirai and Deputy Prime Minister Mutambara), they will use their good offices to assist the first respondent to restore the rule of law to the electoral process.’’

DPM Mutambara has since done that while Mr Tsvangirai, in his wisdom or lack of it, continues showing the nation that he is not leadership material.

We find it quite ironic that after accusing the Constitutional Court of overstepping its mandate in interpreting the law and ordering elections, Mr Tsvangirai says he will approach the same court asking it to overturn its ruling!

It would have been funny if it was not so tragic. It appears Mr Tsvangirai’s dread for the fate that befell Belshazzar, co-regent of the Babylonian Empire, has derailed his faculties.

Belshazzar watched as an invisible hand scrolled the legend “mene, mene, tekel, parsin” (your days are numbered, your reign is being brought to an end for you have been weighed on the scales and found wanting) on the palace wall the very night his kingdom fell.

Several recent surveys have indicated that Zimbabweans have weighed Mr Tsvangirai and found him wanting, as did his domestic and international partners all of whom have either pointed to a Zanu-PF victory, ditched him and/or sought re-engagement with President Mugabe and Zanu-PF.

We couldn’t agree more with them given how the MDC-T leader has gone about proving to all and sundry that he cannot be trusted to swear to uphold the Constitution were he to win the elections.

Thankfully for this our man who believes he is above the law, just as it was with Belshazzar, the writing is on the wall.